ML040650424
| ML040650424 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/27/2004 |
| From: | Nexon J Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML040650424 (5) | |
Text
1 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404) 2 JANET A. NEXON (No. 104747)
WILLIAM J. LAFFERTY (No. 120814) 3 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 4
A Professional Corporation Three Embarcadero Center, 7th Floor 5
San Francisco, California 94111-4065 Telephone:
415/434-1600 6
Facsimile:
415/217-5910 7
Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 8
9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 1 2 In re Case No. 01-30923 DM H~D13 PACIFIC GAS AND ELECTRIC Chapter 11 Case Cog 14 COMPANY, a California corporation, EUK 15 Debtor.
[NO HEARING REQUESTED]
1 6 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 1F8 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 19 AND REIMBURSEMENT OF EXPENSES FOR JANUARY. 2004 20 21 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 22 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 23 Compensation and Reimbursement of Expenses for the Period January 1, 2004 through 24 January 31, 2004 (the "Application Period"). In support of the Application, the Firm 25 respectfully represents as follows:
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- 1.
The Firm is counsel to Pacific Gas and Electric Company, the debtor and 27 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 28 hereby applies to the Court for allowance and payment of interim compensation for services WD 022704/1-1419904/11133925/vl
Hauiam RKD EUK
&RBKIN AAqiO.d 1
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10 I11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of $499,565.95 in fees and expenses during the Application Period. The total fees represent 1,601.3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total January, 2004
$ 477,614.50
$21,951.45
$ 499,565.95
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $427,923.77 at this time. This total is comprised as follows: $405,972.32 (85%
of the fees for services rendered)' plus $21,951.45 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid' April 6, 2001 through 100% of fees and July 31, 2001 (1st
$4,646,476.74 post-petition interim fee application period) 82 August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.38' through November expenses 30, 2001 (2nd post-petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.763 through March 31, expenses 2002 (3rd post-petition interim fee application period)
'Payment of this amount would result in a "holdback" of $71,642.18.
2The Firm had written off an additional $100.00 in fees.
3The Firm had written off an additional $15,570.02 in fees.
%VD 022704/1-1419904/I 133925/vl 1
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10 11 12 HOAID 13 RKI PEam mcNA 14 Ap.Aq~o.dO 15 16 17 18 19 20 Application Period Amount Applied For Description Amount Paid April 1, 2002 through $5,520,001.30 100% of fees and
$5,520,001.30 July 31, 2002 (4th expenses post-petition interim fee application period)
August 1, 2002 100% of fees and through November
$7,679,231.32 expenses
$7,679,231.32 30, 2002 (5th post-petition interim fee application period)
December 1, 2002
$4,722,304.02 100% of fees and
$4,722,304.02 through March 3l, expenses*
2003 (6th post-petition interim fee application period)
April 1, 2003 through 100% of fees and July 3.1, 2003 (7th
$2,103,181.96 expenses
$2,103,181.96 post-petition interim fee application period)
August, 2003 through 100% of fees and November 30, 2003
$1,879,187.64 expenses
$1,879,187.64 (8th post-petition interim fee application period)
December, 2003 366,674.28 85% of fees and
$ 366,674.28 100% of expenses
$35,076,8 Total Paid to the
$35,092,499.42
$35,076,829.40 Firm to Date 21 22 23
- 5.
To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
24 25 26 27 28 WD 02270411-1419904/1 133925/vl 1
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' 10 11 12 HOWITD 13 CAN~nr 14 GU~
1 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Description Dec. 1 -Dec. 31, 2003
$ 62,197.12 15% fee holdback Total Owed to Firm to Date
$ 62,197.12
- 6.
With regard to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the Application Period and the hourly rate for each such professional; and attached as Exhibit 2 is an Account Summary. The detailed time and expense statements for the Application Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and to the Debtor.
- 7.
The Firm is serving a copy of this Application (without Exhibits) on the Special Notice List in this case.
- 8.
Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court, unless an objection to this Application is filed with the Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day of the month following the service of this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or about February 27, 2004.
- 9.
The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will WD 022704/1-1419904/1 133925/vl I
seek fees and reimbursement of the expenses incurred for the totality of the services 2
rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 3
and received by the Firm (along with the Firm's retainer) will be credited against such final 4
fees and expenses as may be allowed by this Court.
5
- 10.
The Firm represents and warrants that its billing practices comply with all 6
Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 7
the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 8
of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 9
share any portion of the fees or expenses to be awarded to the Firm with any other person or 10 attorney except as among the members and associates of the Firm.
11 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 12 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended H
13 Order.
R3E NAC 14 DATED: February 27, 2004 PA__N HOWARD, RICE, NEMEROVSKI, CANADY, 15 FALK & RABKIN 16 A Professional Corporation 17 By:
JL 18/)
JANET A. NEXON Attornys for Debtor and Debtor in Possession 19 PACIFIC GAS AND ELECTRIC COMPANY 20 21 22 23 24 25 26 27 28 WD 022704/1-1419904/1133925/v-